McNeil & Higgins Co. v. Plows & Co.
Appellate Court of Illinois
Assumpsit.—Attachment in aid. Trial in the Circuit Court of Cook. County: the Hon. John C. G-arver, Judge, presiding. Finding and judgment for defendant on the attachment issue; appeal by plaintiff. Statement of the Case.—Appellant begun suit in assumpsit against appellee, a corporation, January 15, 1898, for merchandise and goods sold and delivered to appellee at its request, and on the same day an attachment in aid was issued and levied on certain personalty.
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Assumpsit.—Attachment in aid. Trial in the Circuit Court of Cook. County: the Hon. John C. G-arver, Judge, presiding. Finding and judgment for defendant on the attachment issue; appeal by plaintiff. Statement of the Case.—Appellant begun suit in assumpsit against appellee, a corporation, January 15, 1898, for merchandise and goods sold and delivered to appellee at its request, and on the same day an attachment in aid was issued and levied on certain personalty. The grounds of the attachment were that “ said defendant has, within two years last past, fraudulently conveyed or assigned its…
1Opinion of the Court
Mr. Presiding Justice Windes
delivered the opinion of the court.
The only question presented is whether there was sufficient evidence of actual fraud to have required the submission of the case to the jury. In order to sustain an attachment under our statute there must be shown actual fraud, or fraud in fact, as distinguished from constructive fraud. Weare v. Druley, 156 Ill. 25, and cases cited.
But such actual fraud may be proven by facts and circumstances from which the inference of fraud would be natural and probable, and would be presumed. The mind should be convinced from the proof that…
2Cases cited7 opinions
- Blennerhassett v. ShermanSupreme Court of the United States · 1882
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Weber v. MickIllinois Supreme Court · 1890
- Weare Commission Co. v. DruleyIllinois Supreme Court · 1895
- Haas v. SternbachIllinois Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Blume v. Bereda Manufacturing Co.Appellate Court of Illinois · 1908
- Fippinger v. UllrichAppellate Court of Illinois · 1913